« AnteriorContinuar »
Court may re
Sec. 6. FURTHER POWERS-Continued. To make reports in the public interest; and to make annual and special gether with recSemme midation reports to the Congress and to submit therewith recomfor new legisla- mendations for additional legislation; and to provide for
To provide for the publication of its reports and decisions in such form publication of its reports and de- and manner as may be best adapted for public informacisions,
tion and use. To
The dassify.cora (g) From time to time to classify corporations and to porations, regulations inci. raake rules and regulations for the purpose of carrying dental to administration of Act. out the provisions of this Act.
To investigate (h) To investigate, from time to time, trade conditions foreign trade conditions involving in and with foreign countries where associations, comforeign trade of United States, re binations, or practices of manufacturers, merchants, or porting to Congress with red traders, or other conditions, may affect the foreign trade deemed advis- of the United States, and to report to Congress thereon,
with such recommendations as it deems advisable.
Sec. 7. SUITS IN EQUITY UNDER ANTITRUST ACTS. COMMISSION AS MASTER IN CHANCERY.
Sec. 7. That in any suit in equity brought by or under fer suit to Com. mission.
the direction of the Attorney General as provided in the antitrust Acts, the court may, upon the conclusion of the testimony therein, if it shall be then of opinion that the
complainant is entitled to relief, refer said suit to the To ascertain and report an ap: commission, as a master in chancery, to ascertain and of decree. report an appropriate form of decree therein. The com
Commission to mission shall proceed upon such notice to the parties and proceed lice to parties under such rules of procedure as the court may prescribe, and as prescribed by court. Excep-and upon the coming in of such report such exceptions ings as in other may be filed and such proceedings had in relation thereto equity causes.
as upon the report of a master in other equity causes, but Court may the court may adopt or reject such report, in whole or in adopt or reject report in whole part, and enter such decree as the nature of the case may
in its judgment require.
Sec. 8. COOPERATION OF OTHER DEPARTMENTS AND
BUREAUS. To furnish,
SEC. 8. That the several departments and bureaus of when directed by President, recithe Government when directed by the President shall furinformation and nish the commission, upon its request, all records, papers, and employees. and information in their possession relating to any corpo
ration subject to any of the provisions of this Act, and
6 For text of Sherman Act, see footnote on pp. 503–505. As enumerated in last paragraph of sec. 4 of this act, see p. 493.
? Provisions and penalties of secs. 6, 8, 9, and 10 of this Act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 102 of the “ Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159.
or in part.
Commission to have access to
. of . Reception of evi. dence.
evidence may be
any place in
shall detail from time to time such officials and employees to the commission as he may direct.
Sec. 9. EVIDENCE. WITNESSES. TESTIMONY. MANDAMUS TO ENFORCE OBEDIENCE TO ACT.?a
Sec. 9. That for the purposes of this Act the commission, or its duly authorized agent or agents, shall at all documentary evi:
dence and right reasonable times have access to, for the purpose of ex- to copy same. amination, and the right to copy any documentary evidence of any corporation being investigated or proceedel against; and the commission shall have power to require te mantequiremata by subpæna the attendance and testimony of witnesses and neste son and pro the production of all such documentary evidence relating to any matter under investigation. Any members of the commission may sign subpoenas, and members and ex- Subponas, aminers of the commission may administer oaths and af- tions, examina firmations, examine witnesses, and receive evidence.
Such attendance of witnesses, and the production of Witnesses and such documentary evidence, may be required from any required from place in the United States, at any designated place of United States hearing. And in case of disobedience to a subpæna the commission may invoke the aid of any court of the United Commission may States in requiring the attendance and testimony of wit- United hiesses and the production of documentary evidence.
Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on may, obedience of subin case of contumacy or refusal to obey a subpæna issued frict court in
jurisdiction in to any corporation or other person, issue an order requir- volved may order ing such corporation or other person to appear before the commission, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey such order of the court may ishabletas con: be punished by such court as a contempt thereof.
Upon the application of the Attorney General of the Mandamus from United States, at the request of the commission, the dis-application of trict courts of the United States shall have jurisdiction to enforce com
with Act. to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the commission made in pursuance thereof.
The commission may order testimony to be taken by Commission deposition in any proceeding or investigation pending sitions at any under this Act at any stage of such proceeding or investi
invoke aid of any
In case of con. tumacy or dis.
Disobedience thereafter pun.
may order depo
74 Provisions and penalties of secs. 6, 8, 9, and 10 of this act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 402 of the “ Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch, 64, 42 Stat. 159.
Sec. 9. EVIDENCE. WITNESSES. TESTIMONY. MAN.
DAMUS TO ENFORCE OBEDIENCE TO ACT—Continued. May be taken gation. Such depositions may be taken before any person before person designated by designated by the commission and having power to adCommission.
minister oaths. Such testimony shall be reduced to writTestimony be reduced to ing by the person taking the deposition, or under his diwriting, etc.
rection, and shall then be subscribed by the deponent. Appearance, Any person may be compelled to appear and depose and testimony, and production of evi: to produce documentary evidence in the same manner as compelled as in witnesses may be compelled to appear and testify and
produce documentary evidence before the commission as
hereinbefore provided. Witness fees, Witnesses summoned before the commission shall be same as paid for like services in paid the same fees and mileage that are paid witnesses in
the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like
services in the courts of the United States. Incriminating No person shall be excused from attending and testifydence excuse dobre failure cute ing or from producing documentary evidence before the testify or pro commission or in obedience to the subpæna of the comduce.
mission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of
him may tend to criminate him or subject him to a penperut shall not alty or forfeiture. But no natural person shall be prosebe prosecuted cuted or subjected to any penalty or forfeiture for or on matters involved. account of any transaction, matter, or thing concerning
which he may testify, or produce evidence, documentary or otherwise, before the commission in obedience to a sub
pæna issued by it: Provided, That no natural person so Per sury ex- testifying shall be exempt from prosecution and punishcepted.
ment for perjury committed in so testifying.
Sec. 10. PENALTIES. Failure to tes. tity or to pro
Sec. 10. That any person who shall neglect or refuse to duce documen- attend and testify, or to answer any lawful inquiry, or to
evidence Offender subject to fine or imprese produce documentary evidence, if in his power to do so, onment, or both. in obedience to the subpæna or lawful requirement of the
commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment.
• Provisions and penalties of secs. 6, 8, 9, and 10 of this Act made applicable to the jurisdiction, powers, and duties conferred and imposed upon the Secretary of Agriculture by sec. 402 of the “ Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 159.
False entries, statements, or
, other documentary evidence,
to submit docu
subject to fine or
Any person who shall willfully make, or cause to be made, any false entry or statement of fact in any report tampering with required to be made under this Act, or who shall will de fully make, or cause to be made, any false entry in any to make entries, account, record, or memorandum kept by any corpora- etc., or tion subject to this Act, or who shall willfully neglect or fail to make, or to cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such corporation, or who shall willfully remove out of the jurisdiction of the United States, or willfully mutilate, alter, or by any other means falsify any documentary evidence of such corporation, or who shall willfully. Willful refusal refuse to submit to the commission or to any of its au- mentary evidence thorized agents, for the purpose of inspection and taking copies, any documentary evidence of such corporation in his possession or within his control, shall be deemed guilty of an offense against the United States, and shall be subject, upon conviction in any court of the United Ofender States of competent jurisdiction, to a fine of not less than imprisonment, or $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment.
If any corporation required by this Act to file any an- Failure of cornual or special report shall fail so to do within the time required report. fixed by the commission for filing the same, and such failure shall continue for thirty days after notice of such default, the corporation shall forfeit to the United States Forfeiture for the sum of $100 for each and every day of the continu-tinued failure. ance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States Recoverable in brought in the district where the corporation has its trict where cor
has principal office or in any district in which it shall do principal office, business. It shall be the duty of the various district Various district attorneys, under the direction of the Attorney General prosecute for re of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.
Any officer or employee of the commission who shall Unauthorized make public any information obtained by the commission formation by emwithout its authority, unless directed by a court, shall be mission punishdeemed guilty of a misdemeanor, and, upon conviction imprisonment or thereof, shall be punished by a fine not exceeding $5,000,
poration to Alle
each day's con
civil suit in dig
Sec. 10. PENALTIES—Continued. or by imprisonment not exceeding one year, or by fine and imprisonment, in the discretion of the court.
Sec. 11. ANTITRUST ACTS AND ACT TO REGULATE
COMMERCE. Not affected by
Sec. 11. Nothing contained in this Act shall be construed to prevent or interfere with the enforcement of the provisions of the antitrust Acts or the Acts to regulate commerce, nor shall anything contained in the Act be construed to alter, modify, or repeal the said antitrust Acts or the Acts to regulate commerce or any part or parts thereof.
Approved, September 26, 1914.
THE CLAYTON ACT.1
[Approved Oct. 15, 1914.]
(H. R. 15657.)
monopolies, and for other purposes. Sec. 1. DEFINITIONS.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress asAntitrust sembled, That “antitrust laws," as used herein, includes laws.”
the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies," approved
For text of Sherman Act, see footnote on pp. 503-505. As enumerated in last paragraph of sec. 4 of this Act, see p. 493.
1 This act has been annotated up to July 1, 1921, and may be found. so annotated, in Volume III of the Commission's Reports. Subsequent reported decisions for the period covered by this and the preceding volume (July 1, 1921, to Feb. 13, 1923) and bearing on the provisions of this act affecting the Commission are: Canfield Oil Co. v. Federal Trade Commission, 274 Fed. 571 (see opinion set forth in Appendix II of Volume IV at p. 542 et seq.) ; Sinclair Refining Co. v. Federal Trade Commission, 276 Fed. 686 (see opinion set forth in Appendix IL of Volume IV at p. 552 et seq.) ; Auto Acetylene Light Co. v. Prest-O-Lite Co., Inc., 276. Fed. 537 ; Standard Fashion Co. v. Magrane-Houston Co., 258 U. S. 346, 42 Sup. Ct. 360, and United Shoe Machinery Corporation v. United States, 258 U. S. 451, 42 Sup. Ct. 363 ; Aluminum Co. of America v. Fed. eral Trade Commission, 284 Fed. 401 (see opinion set forth in Appendix II of this volume at p. 529 et seq.) ; Standard Oil of N. J. et al. v. Federal Trade Commission, 282 Fed. 81 (see opinion set forth in Appendix II of this volume at p. 542 et seq.); and Feleral Trade Commission v. Curtis Publishing Co., 260 U. S. 568 (see opinion set forth in Appendix II of this volume at p. 599 et seq.).
It should be noted in connection with this law
That the so called Shipplug Board Act (sec. 15, ch. 451, 64th Cong.. 1st sess.) provides that every agreement, modification, or cancellation lawful under this section shall be excepted from the provisions of the Act approved July 2, 1890, entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies,' and amendments and acts supplementary thereto
That the jurisdiction of the Commission is limited by the “ Packers and Stockyards Act, 1921," approved Aug. 15, 1921, ch. 64, 42 Stat. 169, sec. 406 of said Act, providing that “on and after the enactment of this Act and so long as it remains in effect the Federal Trade Commission shall have